DACA temporary reprieve faintly encouraging

August ended last week with a temporary reprieve for the Deferred Action for Childhood Arrivals (DACA) program. Seven states had joined a lawsuit filed by Texas to stop the DACA program and declare it illegal. On Aug. 31, Judge Andrew Hanen of the Federal District Court in Houston, Texas declined to issue an injunction terminating DACA. But he also gave the states a chance to appeal.Moreover, the judge wrote in his 117-page opinion that the six-year-old program probably violates federal law (the Administrative Procedures Act) for the manner in which it was enacted. Frustrated when Congress failed to pass legislation protecting young immigrants brought here illegally as children, former President Obama set up DACA in 2012 with an executive order. He intended it as a “stop-gap measure” until Congress passed comprehensive immigration reform or at least the DREAM (Development, Relief and Education for Alien Minors) Act, which would provide a path to citizenship. When he signed the executive order, Obama announced, “Precisely because this is temporary, Congress needs to act.”Judge Hanen noted that in his ruling last Friday, advocating for a legislative solution to the problem. He wrote, “DACA is a popular program and one that Congress should consider saving. (But) this court will not succumb to the temptation to set aside legal principles and to substitute its judgement in lieu of legislative action. If the nation truly wants to have a DACA program, it is up to Congress to say so.” President Trump brought Congress’s DACA impasse to a head last September. He announced that his administration would phase out DACA by March 5, 2018. He challenged lawmakers to pass legislation legalizing DACA and making it permanent. Civil and immigrant rights groups stepped up. As a result of various lawsuits challenging the Trump administration and fighting to preserve the program, federal judges so far have blocked the administration from ending DACA and ordered the Department of Homeland Security to continue renewing two-year work permits under the program. (Note: the department isn’t accepting new DACA applicants.) There are several more lawsuits in at least four states as well as current and eventual appeals. When he refused to grant a preliminary injunction immediately blocking DACA, Judge Hanen argued that more harm would be done to DACA recipients if they lost the program and the ability to work, study and travel freely in the U.S. That gave rise to faint optimism on the part of immigrant rights groups and DACA recipients. They hope this legal whirlwind is a catalyst for Congress to finally find a permanent legislative solution to DACA.